Intentional Torts Flashcards
1
Q
A voluntary act is?
A
Something that is conscious or willed
≠ purely reflexive
2
Q
What are the elements of intentional torts?
5
A
- Voluntary Act
- Intent
- Causation
- Harm
- Defenses
3
Q
Checklist for every torts question
4
A
Who is the plaintiff?
Who is the defendant/who are the defendants? Who are the responsible parties?
What is the plaintiff’s injury or injuries?
What legal theory/theories can the plaintiff assert?
4
Q
For most intentional torts, intent is established if the ∆ either:
(2)
A
(1) Desires that his act will cause the harmful result described by the tort
or
(2) Knows that it is substantially certain that such a result/harm will occur.
5
Q
Causation Element in intentional torts
A
The ∆’s act must be causally related to the π’s injury
6
Q
Proximate cause in intentional torts
A
is not a problem because of the extended consequences rule
7
Q
Extended consequences rule
A
The ∆ is responsible for all consequences flowing from the intentional act—whether foreseeable or not
8
Q
Ways to establish harm in intentional torts:
A
(1) The π does not have to prove harm as a separate element; or,
(2) The π has to prove harm as a separate element
9
Q
Are children liable for their intentional torts?
A
Yes, when they have the intent (knowledge) required for the tort
10
Q
Are parents liable for their children’s intentional?
A
No, parents are not direcly liable unless there is a statute
11
Q
A battery arises where a defendant:
A
intentionally causes a harmful or offensive contact with the πor something closely connected thereto.
12
Q
Elements of Battery
3
A
- Intent;
- Harmful or offensive contact; and,
- With the person or something closely connected thereto
13
Q
To establish battery intent, plaintiff has to show either:
A
a. defendant desired/goal to bring about the contact
b. defendant knows* such contact was substantially certain to result from his actions
14
Q
How to distinguish motive from intent?
A
Motive = why somebody does something?
Intent =
15
Q
What is Transferred Intent?
A
If a defendant acts with the necessary intent to inflict certain intentional torts, but for some reason causes injury to a different victim than intended:
The ∆’s intent is transferred to the actual victim
16
Q
“transfer of intent” applies only to:
5
A
- Assault
- Battery
- False Imprisonment
- Trespass to Land
- Trespass to Chattles
17
Q
How does mental incompetency effect the intent requirement?
A
The fact that a defendant is mentally incompetent, or is a minor, does not preclude a finding that he possessed intent to commit an intentional tort, but incompetency may affect whether such intent actually existed
18
Q
The harmful or offensive contact element of battery is satisfied if:
(2)
A
The contact inflicts any physical discomfort; or,
Is offensive to a reasonable person; unless ∆ know’s of π’s particular susceptibility.
19
Q
The harmful or offensive contact can be made to?
2
A
- π’s body
2. Something that has a close physical connection to π’s body (urine tainted coffee)
20
Q
In battery, does the plaintiff need to be aware of the contact?
A
No
21
Q
In assault, does the plaintiff need to be aware of the contact?
A
Yes
22
Q
Does plaintiff have to prove harm in battery?
A
No, just that it would be offensive to a reasonable person & ∆ had intent
23
Q
What is a the most common defense to battery?
A
Consent
24
Q
An assault arises where the defendant:
A
Intentionally causes the π to experience reasonable apprehension of an imminent battery
25
Elements of an assault?
| 3
(1) Intent;
(2) Reasonable apprehension; and,
(3) Imminent battery
26
To prove assault, ∆ must
1. ∆ acted with the desire to place the π in apprehension of an imminent battery.
2. ∆ knows that apprehension of an imminent battery is substantially certain to result.
27
When ∆ intends to commit one tort but commits another, what happens?
Transferred intent applies and transfers the intent of the intended crime to the other crime.
28
Merger doctrine in intentional torts?
There is no merger doctrine, can be sued for each cause of action where the elements are met
29
What must be shown to prove reasonable apprehension element of assault?
a reasonable person in π's position would have suffered apprehension; unless ∆ knows of π's particular susceptibility
30
What happens in an assault action if the ∆ lacks the ability to cause a battery?
if plaintiff’s apprehension is reasonable the fact that the ∆ lacked the actual ability to cause the battery does not defeate liability
31
What must be shown in an assault action to prove imminent battery?
The battery has to be able to be carried out almost instantaneously.
32
False imprisonment arises where the defendant intentionally causes plaintiff to be
confined in a bounded area against the plaintiff's will and the π knows of the confinement or is injured by the confinement
33
False Imprisonment Elements
| 4
(1) ∆'s Intent
(2) Confinement in a bounded area
(3) Against the π's will
(4) π knows of the confinement or is injured thereby
34
Defendant has the requisite intent for false imprisonment if he
(2)
a. desires to confine the π
or,
b. knows that confinement is substantially certain to occur
35
How does the motive change false imprisonment?
It does not, motive is irrelevant.
36
For false imprisonment, π may be confined by:
1. Use of physical barriers;
2. Failing to release the π when ∆ is legally obligated to do so; or,
3. By the invalid assertion of legal authority to contain
37
Duration requirement for false imprisonment
There is no duration required; duration only goes to damages.
38
Confinement generally occurs by
| 3
Force or threats of force against the
1. π,
2. π's close relatives, or
3. valuable personal property
≠ reputational harm
39
False Imprisonment claim if π knows of a reasonable means of escape
then there is no false imprisonment
40
There is not a reasonable means of escape for false imprisonment claims if
There is any risk of harm to the π --> including risk of embarrassment
41
Effect upon false imprisonment claim if π agrees to be confined
no false imprisonment (if someone agrees to be confined)
42
Effect upon false imprisonment damages if the π is not aware that she is being confined
Can only get damages if they are harmed by the confinement
43
Effect upon false imprisonment damages if the π is aware that she is being confined
Then can get damages regardless of if a harm is suffered
44
To get damages for false imprisonment, must have
1. Awareness of the confinement; or,
| 2. Harm as a result of the confinement.
45
What is a false arrest?
It is a false assertion of legal authority that is just a form of false imprisonment.
46
Intentional infliction of emotional distress arises where the defendant engages in
An intentional or reckless act that constitutes extreme and outrageous conduct that causes the π severe emotional distress
47
IIED elements
| 4
1. ∆ has Intent or recklessness
2. ∆'s act is extreme or outrageous conduct
3. ∆'s act causes
4. π has severe emotional distress
48
IIED intent requirements
| 3
(1) ∆ Desires to: inflict severe emotional
(2) knows that: severe emotional distress is substantially certain to result from his actions; or,
(3) ∆ acted in a conscious disregard of high degree of likelihood that emotional distress will be inflicted
49
IIED aka
Intentional infliction of emotional distress
50
How does transferred intent apply to IIED?
It does not apply to IIED
51
IIED element of extreme and outrageous conduct is satisfied if the defendant’s conduct is:
that exceeds all bounds tolerated by a civilized society
> insulting language
52
When does insulting language qualify for IIED extreme and outrageous conduct?
(3)
Not generally, unless
1. ∆ is a innkeeper or a common carrier;
2. ∆ knows of π's particular susceptibility; or,
3. ∆ is in a position of authority uses racial or ethnic insults against someone who is an underling.
53
IIED element of severe emotional distress is satisfied when:
| 3
The level of emotional distress is more severe than a reasonable person would be expected to endure.
1. Substantial; and,
2. Lasting
54
Intentional torts to real property
1. Trespass to land
| 2. Nuisance
55
Trespass to land is an intentional act that causes
A physical invasion of the π's land, interfering with the π's possessory interest in the land
56
Trespass to land elements
1. Intent
2. Entry
3. π's Land
57
How to establish "intent" element for trespass to land?
1. ∆ desired to enter the land or cause something to enter the land; or,
2. ∆ knew that land entry was substantially certain to result.
58
∆'s mistake and good faith effect upon Trespass to land?
It is not a defense, doesn't matter if they do not know it is someone else's land
59
When a person is trespassing, they are liable for?
the full extent of their harm caused during their trespass (whether or not it is their fault)
60
How to establish "entry" element for trespass to land?
| 3
a. defendant enters or causes a third person or object to enter π's land
b. defendant enters the π's land lawfully but remains when there is a legal duty to leave
c. defendant fails to remove an object from π's land when the ∆ has a legal obligation to do so.
61
How to establish "plaintiff's land" element for trespass to land?
Because trespass to land is a tort against one’s possessory interest; anyone in possession of the land may bring a claim
62
Who can bring a claim against a ∆ for trespass to land?
Anyone who has any possessory interest in the land.
63
Remedies for trespass to land
| 3
1. Nominal damages: small sum
2. All harm caused during trespass
3. Ejectment: sheriff removes someone off their land.
64
Three types of remedies in tort
| 3
1. Legal Remedies: damages
2. Equitable Remedies: injunction
3. Restitution: prevent unjust enrichment
65
Trespass to chattels arises where a ∆
Intentionally intermeddles with the π's personal property causing it harm
66
Trespass to chattels elements
| 4
1. Intent
2. Interference or intermeddleing
3. π's chattel or personal property; and,
4. Harm
67
How to establish "intent" element for trespass to chattels?
Intent is satisfied when defendant intentionally performs the physical act that interferes with plaintiff’s chattel.
Defendant is liable even though he did not intend to trespass and is acting in good faith
68
How to establish "interference or intermeddleing" element for trespass to chattels?
Defendant uses, borrows without authorization or damages a chattel of another in a significant enough way that we are willing to provide damages.
69
Remedies for trespass to chattles
| 2
(1) Damages for cost of repair or fair market rental value
| (2) Restitutionary remedy of: replevin: goes to law enforcement to get it back
70
Conversion arises where the defendant exercises:
Intentionally dominion and control over π's personal property in a manner that constitutes a serious and substantial interference
71
Conversion elements
1. Intent
2. Exercises dominion and control over π's personal property
3. Constituting a serious and substantial interference
72
How to establish "intent" element for conversion
mistake is not a defense to conversion. Defendant is liable even though he did not intend to convert nor recognize the legal effect of his act.
73
How a bona fide purchaser of a converted asset for value is liable?
If the converter sells to another person, the third party has satisfied the exercise dominion and control over π's personal property
74
Remedies and damages for conversion
| 2
a. Typical remedy is forced sale: the converter pays the fair market value of the personal property at the time it was converted + (if ∆ was bad faith, punitive)
b. Replevin: Action brought by the plaintiff to get back personal property.
75
When do false imprisonment damages start?
When the π realizes that they are being imprisoned.
76
Defenses to Intentional Trots
POPCANS
```
Privilege
Others: defending another
Property: defense of property
Consent: gave consent
Authority
Necessity
Self-defense: defending oneself
```
77
Effect consent for intentional torts
Is a defense for every intentional tort
78
Express consent exists where? Lost when?
The π affirmatively communicates by words permission for the ∆ to act
Lost when conduct reasonably exceeds the scope of consent
79
Implied consent exists where? Lost when?
When a reasonable person would interpret the π's conduct as expressing consent (e.g. choosing to play football) --> what could have ∆ reasonably believed
Lost when conduct reasonably exceeds the scope of consent
80
What is the effect of the consent defense when consent is given by mistake?
If ∆ knows that π is mistaken, then
1. If the mistake is to a primary matter of the transaction, then consent is withdrawn;
2. If the mistake is to a collateral element, then there is consent.
81
Elements of self defense defense for intentional retorts
| 2
∆ subjectively believes that she used reasonable force to prevent plaintiff from engaging in an imminent and unprivileged attack.
+
Responds with proportional force during the threat (≠ be after threat is over)
82
Deadly force cannot be used for self defense if
the force being threatened is non-deadly force
83
If MBE stipulates retreat jurisdiction, then ∆ must do what before using deadly force? Unless?
Retreat — if it is safe to do so
Never have to retreat from one's own home
84
What is the "defense of other/3rd persons" defense for intentional retorts?
∆ is entitled to defend another person from an attack by the π to the same extent that the same person would be entitled to raise self-defense
85
Elements of "defense of property" defense for intentional torts?
Defendant is permitted to use
1. Reasonable
2. Non-deadly force to
3. Prevent π from causing harm to ∆'s personal or real property
86
When can deadly force be used to defend property?
Deadly force cannot be used to just defend property
87
What are recapture of chattels defense elements?
| 2
One may use reasonable non-deadly force to get back one’s personal property provided that
1. ∆ is in hot pursuit; and,
2. ∆ asks to get the property back (unless futile
88
When does the defense of necessity arise?
Defendant is permitted to injure plaintiff’s property if it is reasonably necessary to avoid the harm because there is a substantially > injury than harm of the tort
Harm Avoided > Harm Caused
89
When does public necessity arise? Liability for harm?
The ∆ is acting to protect the public from imminent server harm.
There is no liability for harm
90
When does private necessity arise? Liability for harm?
Arises where defendant commits an intentional tort and claims it is better to commit the intentional act than suffer the harm they would have suffered.
If there is harm caused, then the ∆ has to pay for the harm that is caused
91
Authority Defense: in a felony arrest, a police officer can arrest
A person that the police officer reasonably believes committed a felon
92
Authority Defense: in a misdemeanor arrest, a police officer can arrest
A police officer can only arrest if the misdemeanor affects the breach of the peace (affects the public at large)
93
Authority Defense: if a private individual arrests someone
They are liable if they are wrong
94
What is the shopkeeper's privilege? Elements (4)?
A defendant/shopkeeper is not liable for false imprisonment or a related tort if he has
1. a reasonable suspicion that plaintiff has stolen goods,
2. uses reasonable force to detain the person,
3. and detains plaintiff for a reasonable period and in a reasonable manner, on the premises or in the immediate vicinity
4. To conduct a reasonable investigation
95
What is the "authority to discipline" defense to intentional torts?
If defendant is charged with maintaining discipline (e.g., a parent or teacher), he may use reasonable force to discipline a child.
96
When does the defense of public necessity apply?
When there is an imminent public disaster
97
When is there defense of private necessity available?
When there is not an imminent public disaster, but there is a pressing personal need in the actor
98
What is the effect of a π's mistake in giving consent to ∆?
It does not bar the defense, unless ∆ knew of the mistake
99
If an actor is privileged to be on land by way of necessity
there is no trespass liability
| -More than a defense, it removes liability all together
100
From what standpoint is self-defense evaluated?
if a reasonable person in the defendant's circumstances would have believed that he was under attack
101
Factors to weigh in conversion
If conversion, then give full value
If trespass to chattel, then repair value
Considering what is just; consider
the actor's intent to assert a right inconsistent with the other's right of control; the extent and duration of the interference; the harm done to the chattel; and the inconvenience and expense caused to the other.
102
For intentional torts, which element, if not found, is the answer?
Lack of intent
103
What does to doctrine of transferred intent apply to?
if a defendant acts with the intent to commit one tort against a victim and ends up committing a different tort against that victim, the intent from the first tort will "transfer" to the second tort, which will be sufficient for liability.
1. assault,
2. battery,
3. false imprisonment, and
4. trespass to land or chattels.
104
Elements of intentional interference with contractual relations
(1) the existence of a contractual relationship or beneficial business relationship between two parties;
(2) knowledge of that relationship by a third party;
(3) intent of the third party to induce a party to the relationship to breach the relationship;
(4) lack of any privilege on the part of the third party to induce such a breach; and,
(5) damage to plaintiff.
105
Which intentional torts require actual damage?
1. Trespass to chattels
| 2. conversion
106
Damages in trespass to chattels & conversion covers:
1. Cost of repair
| 2. Any losses caused by the conduct (profits)
